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Human Rights in Counter-Terrorism Investigations
that errors are detected quickly and before they result in tragic consequences.
It is not just the officers actually applying force to terrorism suspects whose
actions will be scrutinized; the senior officers who command and brief them
will also have to account for themselves when force is used.
It is equally important to stress that senior police officers have a duty to protect the human rights of all persons involved in the operation (e.g., bystanders, potential hostages), including those that they lead. Besides the issue of
blame, knowing that they had killed an innocent man may have severe psychological effects on law enforcement officers and raise questions about their
continued ability to carry out their duties and to act decisively in similar situations in the future.
Case Study – Planning and implementation of a rescue operation*
A group of suspected terrorists, armed with machine-guns and explosives,
takes more than 900 people hostage in a public building for three days. The
building is also booby-trapped and 18 suicide bombers are positioned in the
hall among the hostages. Another group of suspected terrorists occupies a different part of the premises. Over the following days, negotiations with the
suspected terrorists results in the release of several hostages; others are shot
when trying to escape or resist.
On the third day, security forces pump an unknown narcotic gas into the building through its ventilation system. A special intervention unit enters the building a few minutes later, when the suspected terrorists lose consciousness. Most
of the suicide bombers are shot while unconscious and others are killed while
trying to resist. The evacuation of the building starts more than one hour after
the gas is dispersed. There is no clear sorting of the victims depending on the
gravity of their condition. According to witnesses, there are not enough ambulances; the hostages are transported to hospitals in ordinary city buses, sometimes without the accompaniment of medical staff and without any assistance
from traffic police; there is no clear plan for the distribution of victims among
various hospitals; the hospitals’ medical staff are not equipped to receive so
many victims; the medical staffs have not been informed of the properties of
the gas used and do not have appropriate equipment. As a result of the operation, the majority of the hostages are freed. However, a large number of them
are affected by the gas and suffer serious damage to their health, and a number
die. In the first few days after the event no information is provided about the
number of victims, their names and the places to which they have been taken.
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